WSR 99-13-173

PREPROPOSAL STATEMENT OF INQUIRY

DEPARTMENT OF ECOLOGY


[ Order 99-09-- Filed June 22, 1999, 4:46 p.m. ]

Subject of Possible Rule Making: Acid rain regulation, chapter 173-406 WAC.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 70.94.331, 70.94.331(4), and 70.94.510.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: The Environmental Protection Agency has updated the federal acid rain program by adding the Federal Code of Regulations (40 C.F.R. parts 74 and 76). The Department of Ecology is considering updating chapter 173-406 WAC to incorporate these changes to the federal regulation in Washington's regulation.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: Acid rain is also regulated by the United States Environmental Protection Agency. Other federal agencies that may be interested in coordinating in the rule-making process include the United States Forest Service and the National Park Service. These and other groups will be contacted by telephone and mailed focus sheets at various points in the rule making.

Process for Developing New Rule: The rule will be based upon a model state rule developed by the Environmental Protection Agency. Drafts will be distributed to known interested parties and anyone else who requests and the documents related to this rule making will be posted on the Department of Ecology Internet web site. If requested, meetings of interested parties could be scheduled.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Tom Todd, Air Quality Program, Department of Ecology, P.O. Box 47600, Olympia, WA 98504-7600, phone (360) 407-7528, fax (360) 407-7534, e-mail ttod461@ecy.wa.gov.

June 15, 1999

Mary E. Burg

Program Manager

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